EPA v. Fenn, Devin (D. Fenn Enterprises)
Unilateral Administrative Order Without Adjudication
Case summary
This action is an Administrative Order requiring Devin Fenn and D. Fenn Enterprises, Inc. to remove demolition waste from the San Pedro River and to restore the site to pre-disturbance condition. In 2003, Mr. Fenn and his company were involved in demolition and construction projects near Pomerene, Arizona where large quantities of solid waste were generated. Waste materials including broken concrete, asphalt, metal re-bar, soil, metal and PVC pipes, and vegetative debris were trucked to the river and dumped, creating an approximately 20' by 100' rubble lining along the San Pedro River bankline. Mr. Fenn's company also was the contractor responsible for the 404 discharges in the Kartchner matter, also in the San Pedro River. The San Pedro River originates in Mexico and is recognized by scientists, agencies, and non-governmental organizations as one of the most important environmental assets in the United States.
Defendants (1)
- D. Fenn Enterprises (SB)Named in complaintNamed in settlement
Facilities (1)
BARNEY RESIDENCE
1328 NORTH OLD POMERENE ROAD, POMERENE, AZ, 85627
Registry ID: 110018917038
Statutes cited
- CWA 404 — Permits for Dredge and Fill Material
Enforcement conclusions (1)
Fenn, Devin (D. Fenn Enterprises) Compliance Orderentered 2004-08-05
Primary law: CWA
Timeline (4 milestones)
- 2004-08-05Enforcement Action Closed
- 2004-08-05Complaint Filed/Proposed Order
- 2004-08-05Final Order Issued
- 2004-09-11Enforcement Action Data Entered
Case metadata
- EPA activity ID
- 127142
- Case number
- 09-2004-0323
- Lead agency
- EPA
- EPA region
- 09
- Voluntary self-disclosure
- No
- Primary statute
- Permits for Dredge and Fill Material
Sourced verbatim from EPA ECHO Enforcement Case Report for case 09-2004-0323 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.